An arbitration is a hearing that is conducted by a set of neutral third parties, as opposed to a judge or jury. However, the decision of an arbitrator is final, binding on the parties, and waives the right to further challenge. Arbitration is one method of dispute resolution that usually begins by agreement of the parties or formed in a contract.
Recently, the Centers for Medicare and Medicaid Services issued a rule that prohibits nursing homes who receive federal funding from requiring that patients resolve all of their disputes through arbitration. Typically, nursing home contracts contain clauses that require patients to subject themselves to arbitration and waive their rights regarding any other forms of civil relief. However, this rule gives victims who are injured in nursing home abuse or neglect cases the option of deciding how they wish to proceed.
If you or someone you know has been injured in a nursing home incident in West Virginia, contact Colombo Law to determine your rights to relief. During an initial consultation, one of our experienced attorneys will review the facts and circumstances surrounding your case to determine the most appropriate course of action.
Pros and Cons of Arbitration
For many clients, the main benefits of resolving a dispute through arbitration centers around time and money. In many cases clients do not agree to the terms of a settlement or counter offer and decide to take the case to a hearing. However, these clients do not want to be involved in a lengthy court case to resolve their issues. Arbitration hearings are a middle ground that offer a quicker and less formal way of having your case reviewed. In addition, arbitration cases are often less expensive than proceeding with a formal trial. This is because formal trials require additional preparation and witnesses, such as experts, who are often not necessary in arbitration cases.
While there are many benefits of submitting a case to arbitration careful consideration of the potential consequences are necessary. One reason for prohibiting nursing homes from requiring arbitration in a contract is that it limits you or your loved one’s availability of recourse. If a decision is unfair or based on a fact not supported by reason there may not be anything that can be done. Arbitration can close the door on a strong case. In addition, the panel of arbitrators is usually a set of attorneys selected from a pool to hear the case.
Contact Colombo Law
Deciding how to proceed in your or your loved one’s nursing home abuse or neglect case can be a difficult decision. The attorneys at Colombo Law want to make that decision easier for you. Colombo Law is a full service personal injury law firm that seeks to help every victim of an accident or incident recover damages for their injury to the extent it is legally possible. We assist clients located in and around West Virginia. If you have been injured in an accident or incident but are unsure of whether you have a personal injury claim, contact Colombo Law today for a risk-free initial consultation.